By Deborah Baker, The Associated Press
SANTA FE, N.M. (AP) -- The state Supreme Court will hear arguments next month in a challenge to a new law that allows New Mexicans to carry concealed, loaded handguns.
The court on Thursday set oral arguments for Jan. 5.
A children’s advocacy group and a physician sued last month, alleging the law violates the state Constitution.
They want the court to block the Department of Public Safety from issuing concealed-carry licenses beginning in January.
The attorney general, representing the department, said in written arguments submitted to the court last month that the law is constitutional and the challenge should be dismissed.
The law allows New Mexicans 25 and older to get licenses to carry concealed, loaded handguns if they complete firearms training courses and pass criminal background checks.
The National Rifle Association has asked to intervene in the case, saying its New Mexico members will be less safe if they can’t carry concealed handguns and its members who teach firearms safety training will lose income.
The NRA, in a brief filed last week with the court, also disputed claims by opponents of the law that it would put children at risk by making guns more available.
“Nothing in the Act endangers children, increases the accessibility of handguns to children, or causes accidental shootings or youth suicide,” the NRA said.
At issue is a constitutional provision that says citizens may keep and bear arms for security and defense and other lawful purposes, “but nothing herein shall be held to permit the carrying of concealed weapons.”
New Mexico Voices for Children contends that provision makes the new law unconstitutional.
DPS and Attorney General Patricia Madrid contend the language simply means the Constitution does not specifically grant citizens the right to carry concealed weapons. But neither does it forbid them from doing so, and the Legislature can make laws regulating concealed carry, they said.
If the court ruled that the Constitution barred concealed handguns, it would “radically alter long established and deeply held rights and practices of both ordinary citizens and peace officers,” they argued.
A state law from the 1950s allows police to carry concealed handguns and citizens to keep loaded concealed handguns in their vehicles and homes.